Political Science 2230E Lecture Notes - Lecture 2: Canadian Judicial Council, Consolidated Laws Of New York, Judicial Independence
31 Aug 2016
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Render impartial and authoritative decision w/in disputes that cannot otherwise be settled. Settle disputes by interpreting and settling the law. Judges (not elected) are not supposed to make law but apply the law (elected politicians make the laws) Role of judiciary - enforce law that the people"s democratic choose. Law - supposed to guide and constrain the judiciary. Goal is to limit the power of the judiciary. Did law that gov passed exceed jurisdiction according to constitution 92. Fed cases gave judiciary high levels of power - allowed freedom to shape relationship b/w gov, provinces. Scrutinize gov, parliament and executive to ensure compliance. Legislation passed that violates charter rights is struck down (usually) Entrench bill of rights - make them more concrete. Symbol of justice - scales and justice is blind. Judiciary is supposed to act like a independent, unbais, politically neutral and impartial. Make decisions free of fear or favour - cannot be bribed.
